HC cant convert acquittal into conviction under its revision power SC
New Delhi Jan 25 PTI A high court under its powers of revision cannot convert a finding of acquittal of an accused into conviction the Supreme Court said on Tuesday A bench of Justices M R Shah and Sanjiv Khanna said the high court has power to examine whether there is manifest error of law or procedure etc however after giving its own findings it has to remit the matter to the trial Court andor the first appellate Court If the order of acquittal has been passed by the trial Court the High Court may remit the matter to the trial Court and even direct retrial However if the order of acquittal is passed by the first appellate court in that case the High Court has two options available i to remit the matter to the first appellate Court to rehear the appeal or ii in an appropriate case remit the matter to the trial Court for retrial the bench said The top court was hearing an appeal filed against an order of the Madras High Court which in exercise of its revisional jurisdiction under Section 401 CrPC set aside the order of acquittal passed by the first appellate Court and convicted the accused The apex court also said the right provided to the victim to prefer an appeal against the order of acquittal is an absolute right PTI PKS SA
New Delhi Jan 25 PTI A high court under its powers of revision cannot convert a finding of acquittal of an accused into conviction the Supreme Court said on Tuesday A bench of Justices M R Shah and Sanjiv Khanna said the high court has power to examine whether there is manifest error of law or procedure etc however after giving its own findings it has to remit the matter to the trial Court andor the first appellate Court If the order of acquittal has been passed by the trial Court the High Court may remit the matter to the trial Court and even direct retrial However if the order of acquittal is passed by the first appellate court in that case the High Court has two options available i to remit the matter to the first appellate Court to rehear the appeal or ii in an appropriate case remit the matter to the trial Court for retrial the bench said The top court was hearing an appeal filed against an order of the Madras High Court which in exercise of its revisional jurisdiction under Section 401 CrPC set aside the order of acquittal passed by the first appellate Court and convicted the accused The apex court also said the right provided to the victim to prefer an appeal against the order of acquittal is an absolute right PTI PKS SA
